Can I make my tenant pay late fees in an eviction case in Texas?

In general, you may not recover late fees in an eviction case in Texas because of the specific language the legislature decided to use in the eviction laws. Instead, you must bring an entirely separate suit for breach of contract against your tenant if you want to recover your late fees. You can, however, recover past-due rent in the same eviction lawsuit that you seek possession.

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One of the biggest questions we hear asked
is, "How do I collect my late fees and
other fees nearing the eviction, and can I
get them evicting my tenant?" And the
answer is no. In the eviction, or forcible
entry and detainer,
as the legal term goes, we can only ask
for net rent due. If you want to collect
on late fees or other contractual
breaches, that would come under a separate
cause of action. So at the beginning, you
can't, but you can deduct them from their
security deposit.
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